Kaileshiya Bai vs Devidayal
2025 Latest Caselaw 1318 Chatt

Chattisgarh High Court

Kaileshiya Bai vs Devidayal on 20 January, 2025

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Digitally signed                                             2025:CGHC:3358
by RAMESH
KUMAR VATTI
                                                                               NAFR

              HIGH COURT OF CHHATTISGARH AT BILASPUR

                             WP(227) No. 470 of 2023
   1. Kaileshiya Bai D/o Late Singar Say Aged About 60 Years W/o Late
      Dayaram, R/o Village Maja, Tahsil Ramanujnagar, District- Surajpur,
      Chhattisgarh........................(Non-Applicant No.1)
   2. Shaili Bai D/o Late Singar Say Aged About 45 Years W/o Late Jailal,
      R/o Village Kundeli, Tahsil Baikunthpur, District- Koriya,
      Chhattisgarh....................(Non-Applicant No.2)
   3. Shivcharan S/o Late Singar Say Aged About 58 Years R/o Village
      Kundeli, Tahsil Baikunthpur, District- Koriya, Chhattisgarh....................
      (Non-Applicant No.3)
                                                                        ... Petitioners
                                        Versus
   1. Devidayal S/o Ishwar Prasad Sahu Aged About 37 Years R/o Village
      Kundeli, Tahsil Baikunthpur, District- Koriya, Chhattisgarh............
      (Applicant)....................(Applicant)
   2. Ishwar S/o Late Singar Say Aged About 56 Years R/o Village Kundeli,
      Tahsil    Baikunthpur,              District-  Koriya,   Chhattisgarh...............
      (Applicant).........................(Non-Applicant No.4)
                                                                     ... Respondents

For Petitioners : Mr. T.K. Jha, Advocate For Respondents : Mr. Sashwat Gupta, Advocate

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

20/01/2025

1. The petitioner has filed this petition seeking the following relief(s):-

"10.1 That, Hon'ble court may kindly be pleased to allow the petition and set aside the order passed by the Naib Tahsildar & Board of Revenue and restore

the order passed by the Sub Divisional Officer (R) & Additional Commissioner, in the interest of justice."

2. Mr. Shaswat Gupta, learned counsel appearing for the respondents

would submit that the Civil Suit No. 1-A/24 has already been decreed

by the learned trial court vide judgment and decree dated 27.08.2024

and thus, the petition has become infructuous.

3. At this stage, Mr. T.K. Jha, learned counsel appearing for the

petitioners would seek permission of this court to withdraw this petition

with liberty to avail remedy available under the law. The prayer

appears to be reasonable.

4. Accordingly, the petition is dismissed as withdrawn as liberty sought for

by learned counsel for the petitioners.

Sd/-

(Rakesh Mohan Pandey) Judge

vatti